Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “the yarn feeding pipes extend from yarn outlet ends of the yarn bobbins to yarn entry ends of the positive yarn feeding wheels” of Claim 7, “ then vertically turn at horizontal positions corresponding to the positive yarn feeding wheels to extend to the yarn entry ends of the positive yarn feeding wheels” of Claim 8, and “wherein a turning point of each yarn feeding pipe defines a ceramic yarn feeding eyelet” of Claim 9, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The limitation “pipeline-type” in line 1 of claims 1-10 is vague and indefinite. It is unclear how “pipeline”-like the structure is that applicant intends to claim, because the scope of the limitation “pipeline-type” only requires the structure to be similar to a pipeline, and thus renders the claim indefinite. Is it a pipeline or is it not? Further, it is unclear what applicant intends to claim by the terminology “pipeline”. Whether the device requires enclosed pipes for transporting the yarn, a yarn running direction in which the yarn is supplied, or another definition. Thus, it is unclear what applicant intends to claim by the terminology and limitation “pipeline-type”.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-2, and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zerbee, US3223126.
Regarding independent claim 1, Zerbee discloses a pipeline-type positive warp yarn feeding device (Fig. 1), comprising: a yarn bobbin frame (Column 1, lines 57-67) and a yarn feeding frame (100, Fig. 1), wherein the yarn feeding frame is provided with a positive yarn feeding assembly thereon (110, Fig. 1, 2), the positive yarn feeding assembly comprises a positive yarn feeding power component (124, Fig. 2) and a positive yarn feeding wheel disposed on the yarn feeding frame (110, Fig. 2), the positive yarn feeding wheel is in one-to-one correspondence with yarn bobbins on the yarn bobbin frame (Column 1, lines 20-23), an outer circumference surface of a wheel shaft of each positive yarn feeding wheel defines yarn feeding grooves with a spiral shape (Column 1, lines 20-23; 112, Fig. 3), a groove mouth width of each yarn feeding groove is matched with a width of a strand of yarn (Column 2, lines 40-42), the yarn on the yarn bobbin is wound on the positive yarn feeding wheel (20 is wound on 110, Fig. 3), each yarn feeding groove is configured to accommodate only a corresponding strand of the yarn (Column 2, lines 36-43), and the positive yarn feeding power component is configured to drive the positive yarn feeding wheel to rotate and feed the yarn through a transmission gear assembly (124 drives 110 via gears, 122, 120, Fig. 2).
Zerbee does not disclose a plurality of wheels, but rather one wheel that accommodates a plurality of yarns. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have multiple wheels accommodating a respective strand of yarn instead of one wheel accommodating multiple strands of yarn, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. One would have been motivated to make such a modification to reduce interference of yarns during operation.
Regarding claim 2, modified Zerbee teaches the limitations of claim 1, and wherein the yarn feeding frame is provided with a yarn feeding shaft (Column 2, lines 50-59), the yarn feeding shaft (124, Fig. 2) is provided with the positive yarn feeding wheel (110, Fig. 2), and the positive yarn feeding wheel is capable of rotating with the yarn feeding shaft (110 rotates with 124, Fig. 3).
Zerbee does not disclose a plurality of yarn feeding shafts provided with corresponding ones of the positive yarn feeding wheels. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have multiple shafts with respective wheels accommodating a respective strand of yar, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. One would have been motivated to make such a modification to optimize space constraints of the feeding device and creel system.
Regarding claim 6, modified Zerbee teaches the limitations of claim 1, and wherein a yarn feeding positioning component (100, Fig. 1) is disposed between each positive yarn feeding wheel and a corresponding one of the yarn bobbins (100 located between 110 and bobbins, Fig. 1), the yarn feeding positioning component is disposed near a yarn entry end of the positive yarn feeding wheel and faces towards a winding travel starting end of the positive yarn feeding wheel (100 is near entrance to 110 via 102, Fig. 2, 3), and the yarn passes through the yarn feeding positioning component from the winding travel starting end of the positive yarn feeding wheel to a winding travel ending end of the positive yarn feeding wheel (20 passes through 100 from 102 side of 110, to winding travel ending end, 20a, Fig. 3).
Claim(s) 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zerbee, US3223126 in view of Colson et al., US7017244.
Regarding claim 3, modified Zerbee teaches the limitations of claim 2, a positive yarn feeding wheel (110, Fig. 2) and yarn feeding shafts (124, Fig. 2).
Zerbee does not disclose wherein a side of each wheel is provided with a wheel shaft clutch, and the wheel shaft clutch is configured to drive the wheel to rotate with a corresponding one of the plurality of the shafts.
However, Colson et al. teaches a yarn feeding device, wherein a side of each wheel is provided with a wheel shaft clutch (346B, Fig. 24), and the wheel shaft clutch is configured to drive the wheel to rotate with a corresponding shaft (302 rotates with 352, Fig. 23, 24). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the wheels of Zerbee to have the clutch mechanism as taught by Colson et al., to ensure rotation of the wheel with the shaft.
Regarding claim 4, modified Zerbee teaches the limitations of claim 3, and a plurality of positive yarn feeding wheels and a plurality of yarn feeding shafts.
Zerbee does not disclose wherein a key pin limiting component is disposed between each wheel shaft clutch and the corresponding shaft, and the key pin limiting component is configured to restrict each wheel shaft clutch to only make axial displacement movements along the corresponding shaft.
However Colson et al., teaches a yarn feeding device, wherein a key pin limiting component is disposed between each wheel shaft clutch and the corresponding shaft (346B, 348B, Figs. 23 and 24), and the key pin limiting component is configured to restrict each wheel shaft clutch to only make axial displacement movements along the corresponding shaft (Column 12, lines 42-45; Column 12, lines 58-65).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the shaft of Zerbee to have the key pin limiting component of Colson et al. to ensure rotation of the wheel with the shaft.
Regarding claim 5, modified Zerbee teaches the limitations of claim 3, and positive yarn feeding wheels and positive yarn feeding shafts.
Zerbee does not disclose wherein an inner ring bearing of each wheel is sleeved on the corresponding shaft.
Colson et al., teaches a yarn feeding device, wherein an inner ring bearing of each wheel is sleeved on the corresponding shaft (Column 13, lines 1-2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device of Zerbee to have bearings as taught by Colson et al. to reduce friction during rotation of the wheel with respect to the shaft.
Claim(s) 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zerbee, US3223126 in view of Ingram, US8869720.
Regarding claim 7, modified Zerbee teaches the limitations of claim 1, and a pipeline type positive warp yarn feeding device.
Zerbee does not disclose wherein yarn feeding pipes are disposed between the yarn bobbin frame and the yarn feeding frame, and the yarn feeding pipes extend from yarn outlet ends of the yarn bobbins to yarn entry ends of the positive yarn feeding wheels.
However, Ingram teaches a yarn feeding device, wherein yarn feeding pipes (126, Fig. 5) are disposed between the yarn bobbin frame (114, Fig. 5) and the yarn feeding frame (600, Fig. 6), and the yarn feeding pipes extend from yarn outlet ends of the yarn bobbins to yarn entry ends of the positive yarn feeding wheels (126 extends from 109, to 600; Column 5, lines 12-25).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device of Zerbee to have the pipes as taught by Ingram in order "to provide such paths for the yarn to be moved without interfering with one another" Column 5, lines 13-14). One would have been motivated to make such a modification because it is "efficient, effective, and less wasteful processes and devices for providing yarn for use" (Column 3, lines 64-67; Ingram).
Regarding claim 8, modified Zerbee teaches the limitations of claim 7, and wherein the yarn bobbin frame is disposed at a side of the yarn feeding frame (Column 1, lines 57-67).
Zerbee does not disclose the yarn feeding pipes extend horizontally from the yarn outlet ends of the yarn bobbins to the side of the yarn feeding frame, and then vertically turn at horizontal positions corresponding to the positive yarn feeding wheels to extend to the yarn entry ends of the positive yarn feeding wheels.
However, Ingram teaches a yarn feeding device, wherein the yarn feeding pipes extend horizontally from the yarn outlet ends of the yarn bobbins to the side of the yarn feeding frame (50, Fig. 2; 126, Fig. 5), and then vertically turn at horizontal positions corresponding to the positive yarn feeding wheels to extend to the yarn entry ends of the positive yarn feeding wheels (126 extends horizontally then vertically from 109, to 600, just as applicant's invention reference numeral 4, Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device of Zerbee to have the pipes as taught by Ingram in order "to provide such paths for the yarn to be moved without interfering with one another" Column 5, lines 13-14). One would have been motivated to make such a modification because it is "efficient, effective, and less wasteful processes and devices for providing yarn for use" (Column 3, lines 64-67; Ingram).
Regarding claim 9, modified Zerbee teaches the limitations of claim 8, and a yarn feeding device.
Zerbee does not disclose wherein a turning point of each yarn feeding pipe defines a ceramic yarn feeding eyelet.
Ingram teaches a yarn feeding device, wherein a turning point of each yarn feeding pipe defines a yarn feeding eyelet (602, Fig. 14; structure of piping of Ingram is identical to applicant’s drawings, and therefore, the pipe at the turning point is considered an eyelet through which the yarn passes). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device of Zerbee to have the pipes as taught by Ingram in order "to provide such paths for the yarn to be moved without interfering with one another" Column 5, lines 13-14). One would have been motivated to make such a modification because it is "efficient, effective, and less wasteful processes and devices for providing yarn for use" (Column 3, lines 64-67; Ingram).
It would have been obvious to one having ordinary skill in the art as of the effective filing date of the claimed invention to make the eyelet of ceramic material, since it has been held to within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. One would have been motivated to make such a modification to minimize the risk of breaking, and reduce wear on the yarn as it passes through the eyelet.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zerbee, US3223126, in view of Manning, US7527216.
Regarding claim 10, modified Zerbee teaches the limitations of claim 6, and a yarn outlet end of each positive yarn feeding wheel (20a of 110, Fig. 1, 3).
Zerbee does not disclose a yarn outlet end of each positive yarn feeding wheel is provided with a yarn breakage automatic stopper, and the yarn breakage automatic stopper is disposed facing towards the winding travel ending end of the positive yarn feeding wheel.
Manning teaches a yarn feeding device wherein a yarn outlet end of each positive yarn feeding wheel (114, Fig. 3) is provided with a yarn breakage automatic stopper (128, Fig. 3; Column 6, lines 5-12), and the yarn breakage automatic stopper is disposed facing towards the winding travel ending end of the positive yarn feeding wheel (128 faces winding travel ending end, of 114, where thread 125 exits 114, Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the yarn feeding device of Zerbee to have the yarn breakage automatic stopper as taught by Manning in order to avoid damage to the device and ensure timely maintenance of broken yarns. One would have been motivated to add such a mechanism because it "delivers a relatively constant yarn tension in a relatively small footprint. This provides for improved efficiency in manufacturing processes" (Column 4, lines 18-21, Manning).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATELYNNE BURRELL whose telephone number is (703)756-1344. The examiner can normally be reached 10:00am - 6:00pm EST.
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/K.R.B./ Examiner, Art Unit 3654
/ANNA M MOMPER/Supervisory Patent Examiner, Art Unit 3619